Department of secretary of state bureau of motor vehicles



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29-250 DEPARTMENT OF SECRETARY OF STATE
BUREAU OF MOTOR VEHICLES
Chapter 108: AUTOMOBILE MANUFACTURER OR DISTRIBUTOR LICENSE


SECTION 1. Authority
This rule is promulgated by the Secretary of State pursuant to Title 10 M.R.S.A. § 1171 B(4) and Title 5 M.R.S.A. § 8071.

SECTION 2. Purpose
The purpose of this rule is to establish the requirements for obtaining a license for a Manufacturer or Distributor of new motor vehicles in the State of Maine.

SECTION 3. Scope
This rule applies to any person or business that engages in the business of or serves in the capacity of or acts as a manufacturer or distributor of new motor vehicles within the State of Maine in accordance with the provisions of Title 10, c. 204, the Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers.

SECTION 4. Definitions
For the purpose of this Rule, the following terms have the following meanings:
1. “Manufacturer” means a person, partnership, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new motor vehicles or imports for distribution through distributors of motor vehicles or any partnership, firm, association, joint venture, corporation or trust, resident or nonresident that is controlled by the manufacturer. The term “manufacturer” includes the terms “franchiser”, “distributor”, “distributor branch”, “factory branch” and “factory representative”.
2. “Motor Vehicle” means any motor driven vehicle, except motorcycles and recreational vehicles, required to be registered under Title 29-A §351 et seq.
3. “New Motor Vehicle” means a motor vehicle that has not been previously sold to any person except a distributor, wholesaler or motor vehicle dealer for resale by a franchise.

SECTION 5. License Requirements
1. An application for a manufacturer’s license shall be made on the Application form provided by the Secretary of State (attached as appendix A).
2. A separate application shall be required for each separate franchise. For example, Chevrolet, Pontiac, Oldsmobile, Buick, Cadillac and GMC each issue separate franchises, and each must submit applications in accordance with this rule. Chevrolet and Chevrolet Trucks are distributed to dealers under the same franchise agreement, however, and require only one application.
3. A $1,500 annual license fee shall accompany each application.
4. Each applicant shall appoint a registered agent in the State, and include in the application the name, address and telephone number of the registered agent.
5. Each applicant shall provide the address of its principal place of business.
6. Each applicant shall provide a copy of the annual report that qualifies them to do business in the State of Maine and a list of its franchised new motor vehicle dealers in the State of Maine shall accompany each application.

SECTION 6. Hearing Provisions
As specified in 10 MRSA, Section 1171-B, the Secretary of State may, after a hearing, take action against a license or licensee and impose civil penalties.

SECTION 7. Separability
If any provision of this Rule or any application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the Rule and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 8. Effective Date
The provisions of this Rule shall be applicable January 1, 1999.


STATUTORY AUTHORITY:

to Title 10 M.R.S.A. § 1171-B(4) and Title 5 M.R.S.A. § 8071


EFFECTIVE DATE:

January 1, 1999


NON-SUBSTANTIVE CORRECTIONS:

December 20, 2000








Office Use Only

#




Secretary of State, Bureau of Motor Vehicles
Application for Manufacturer’s License



Manufacturer or Distributor

Name





Manufacturer or Distributor Principal Place of Business




Mailing Address for Principal Place of Business




Franchise (use a separate form for each)





Registered Agent Information


Registered Agent’s Name

(for State of Maine)






Phone Number




Mailing Address




Physical Address





HAVE YOU INCLUDED:
? A copy of your annual report

? A list of your franchised new motor vehicles in the State of Maine

? License fee of $1,500.00


Signature of Applicant Official Title Date


If you have any questions, please call the Bureau of Motor Vehicles, Dealer Section at 207-287-5422. Mail to:
Bureau of Motor Vehicles - 29 State House Station - Augusta, ME 04333-0029
LICENSE FEE SHOULD BE MADE PAYABLE TO THE SECRETARY OF STATE


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